Rfe for ITR

[corgietete 1]

Hello everyone! I filed my adjustment of status for K1 and got an RFE and one of them says “Submit photocopies of your completed tax returns (Form 1040 and all W2s) for tax years 2016.” I just came to the US last November 7, 2016 and haven’t worked ever since I came here. What should I do. 

[Nitas_man 3,100]

29 minutes ago, corgietete said:

Hello everyone! I filed my adjustment of status for K1 and got an RFE and one of them says “Submit photocopies of your completed tax returns (Form 1040 and all W2s) for tax years 2016.” I just came to the US last November 7, 2016 and haven’t worked ever since I came here. What should I do. 

I don't think this applies to you, I believe that the sponsor's I-864 must be missing these documents.

[ToddB 10]

56 minutes ago, corgietete said:

Hello everyone! I filed my adjustment of status for K1 and got an RFE and one of them says “Submit photocopies of your completed tax returns (Form 1040 and all W2s) for tax years 2016.” I just came to the US last November 7, 2016 and haven’t worked ever since I came here. What should I do. 

I doesn't matter f you worked or not.. they most likely want to see a filing status and an income for 2016. 

[Nitas_man 3,100]

K1 beneficiaries don't have W2's and 1040's

 

Were copies of 2016 tax returns filed with the support affidavit or not?

[corgietete 1]

2 minutes ago, Nitas_man said:

K1 beneficiaries don't have W2's and 1040's

 

Were copies of 2016 tax returns filed with the support affidavit or not?

Yes. We sent a copy of my wife’s ITR and W2

[kris&me 572]

doesn't matter now if you did or did not send it

they must have lost it

simple as send new ones as immigraation says too

 they have to be from IRS not a copy of hers from doing it online or by herself

just go into IRS office and ask for transcript  / free to get one

 

[Nitas_man 3,100]

2 hours ago, corgietete said:

Yes. We sent a copy of my wife’s ITR and W2

Send them again, and I guess, just to cover all bases, paper-clip a letter (they have your arrival documentation LOL but it's USCIS) stating your arrival date, marriage date, and that you were not eligible to work or earn income during the 2016 tax year.

IF:  You got married before 12/31 and you and your wife filed married/joint for the 2016 tax year they might be looking for your overseas income to be combined with hers on the joint return.  It's normally declared then reduced by $100K or so leaving you with no tax penalty but a properly filed return.  Without knowing your situation the guess is that they just lost it.

[corgietete 1]

26 minutes ago, Nitas_man said:

Send them again, and I guess, just to cover all bases, paper-clip a letter (they have your arrival documentation LOL but it's USCIS) stating your arrival date, marriage date, and that you were not eligible to work or earn income during the 2016 tax year.

IF:  You got married before 12/31 and you and your wife filed married/joint for the 2016 tax year they might be looking for your overseas income to be combined with hers on the joint return.  It's normally declared then reduced by $100K or so leaving you with no tax penalty but a properly filed return.  Without knowing your situation the guess is that they just lost it.

We got married January 2016. So I just need to send a copy of my wife’s ITR for 2016? She included me on her ITR as spouse but I didn’t have work when she filed it.

[Nitas_man 3,100]

54 minutes ago, corgietete said:

We got married January 2016. So I just need to send a copy of my wife’s ITR for 2016? She included me on her ITR as spouse but I didn’t have work when she filed it.

Clarify:. Earlier post said you arrived K1 Nov 2016, but above says married Jan 2016.  Did you mean marrie Jan 2017?  You would not be on a joint 2016 return if you married Jan 2017 and would not arrive on K1 in Nov 2016 if you were married Jan that year.

[corgietete 1]

9 minutes ago, Nitas_man said:

Clarify:. Earlier post said you arrived K1 Nov 2016, but above says married Jan 2016.  Did you mean marrie Jan 2017?  You would not be on a joint 2016 return if you married Jan 2017 and would not arrive on K1 in Nov 2016 if you were married Jan that year.

Sorry correction, I meant we got married January 2017

[Nitas_man 3,100]

10 hours ago, corgietete said:

Sorry correction, I meant we got married January 2017

 She included me on her ITR as spouse

 

Bingo. You weren't a spouse before the end of 2016 and should not have been on the 2017 tax return at all.

USCIS is probably wondering how you filed with them that you got married in January but your wife essentially told the IRS you were married before the end of 2016 by putting you on her tax return as a spouse.

 

Hard to fix that without re-filing correctly with the IRS

Edited November 27, 2017 by Nitas_man

[corgietete 1]

7 hours ago, Nitas_man said:

 She included me on her ITR as spouse

 

Bingo. You weren't a spouse before the end of 2016 and should not have been on the 2017 tax return at all.

USCIS is probably wondering how you filed with them that you got married in January but your wife essentially told the IRS you were married before the end of 2016 by putting you on her tax return as a spouse.

 

Hard to fix that without re-filing correctly with the IRS

She added me on her 2016 ITR as a dependent. Should we get an amendment with a cpa?

[NikLR 13,227]

She shouldn't have added you in any form.  She needs to file an amendment. 

[N-o-l-a 7,167]

2 hours ago, corgietete said:

She added me on her 2016 ITR as a dependent. Should we get an amendment with a cpa?

 

You should at the very least consult with one as that sounds a bit wonky.  Did someone tell her to do that?

[Nitas_man 3,100]

3 hours ago, corgietete said:

She added me on her 2016 ITR as a dependent. Should we get an amendment with a cpa?

You should at a minimum consult one.  You don't qualify as a dependent unless she provided over 1/2 of your support for the entire tax year.  I suspect she did not.